Puerto Rico Publisher Oriented Software Royalty and License Agreement

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Multi-State
Control #:
US-13157BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a detailed Publisher Oriented Software Royalty and License Agreement, and is for use in the computer, internet and/or software industries.

Puerto Rico Publisher Oriented Software Royalty and License Agreement is a legal document that governs the rights and obligations between a publisher and a software developer in the context of Puerto Rico. This agreement outlines the terms and conditions under which the software will be licensed and the royalties that will be paid to the developer. The Puerto Rico Publisher Oriented Software Royalty and License Agreement typically includes the following essential components: 1. Parties: It clearly identifies the publisher (the entity that licenses the software for distribution) and the software developer (the entity that owns the rights to the software). 2. Grant of License: This section details the scope and extent of the license granted to the publisher by the developer. It specifies whether it is an exclusive or non-exclusive license and outlines any specific limitations or restrictions on the use, reproduction, or distribution of the software. 3. Royalties and Payments: The agreement defines the royalty structure, including the percentage or fixed amount payable to the developer for each licensed copy sold or other revenue-generating activities related to the software. It may also cover payment terms, frequency, and any relevant tax obligations. 4. Intellectual Property Rights: This section addresses the ownership and protection of intellectual property associated with the software. It specifies that the developer retains all rights, title, and interest in the software, while also outlining any rights granted to the publisher for marketing and distribution purposes. 5. Support and Maintenance: The agreement may outline the developer's obligations to provide technical support, updates, and maintenance services to ensure the proper functioning and usability of the software. 6. Term and Termination: It specifies the duration of the agreement, renewal terms, and conditions under which either party may terminate the agreement early, such as breach of contract or non-payment of royalties. 7. Confidentiality: This section emphasizes the need to maintain the confidentiality of proprietary information and trade secrets shared between the parties during the course of the agreement. 8. Dispute Resolution: It outlines a mechanism for resolving disputes, such as through negotiation, mediation, or arbitration, and specifies the jurisdiction and governing law applicable to the agreement. It is important to note that there may be variations or customized versions of the Puerto Rico Publisher Oriented Software Royalty and License Agreement to suit specific circumstances or industries. For example, there could be agreements tailored for software licensing in the gaming industry, mobile applications, or specific business sectors. In conclusion, the Puerto Rico Publisher Oriented Software Royalty and License Agreement is a legal tool that sets out the terms and conditions for software licensing in Puerto Rico. It ensures the fair usage, distribution, and financial considerations for both publishers and software developers, with a focus on protecting intellectual property rights and fostering mutually beneficial partnerships.

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FAQ

Things that can be licensed include software, patents, and copyrighted works. Other types of fees include those required for certain professions, such as cosmetologists. License fees are generally a fixed amount, while royalties are usage-based payments for using an asset or property.

A license is an agreement between two parties for using someone's property without paying any money for it, whereas royalty is paying an agreed fee each time he/she use the owners asset.

Types of licensing agreement The unique feature of this type of agreement is that even the licensor is excluded to use or exploit the licensed property during the term of the agreement. Copyright, trademark and patent licenses are the best examples of an exclusive license agreement.

Licensing agreements are found in many different industries. An example of a licensing agreement is a contract between the copyright holders of software and another company, allowing the latter to use the computer software for their daily business operations.

Practitioners and licensing executives often refer to three basic types of voluntary licenses: non-exclusive, sole, and exclusive. A non-exclusive licence allows the licensor to retain the right to use the licensed property and the right to grant additional licenses to third parties.

In most cases, licensors prefer a royalty rate that falls within 25% to 75% range of the sublicensing income. Their stake usually amounts to more than half of all profits. In rare cases, the licensee can negotiate a rate split and apply their own royalty obligation to the sale of sub-licensed products.

Royalty rates vary per industry, but a good rule of thumb is between 2-3% on the low end, and 7-10% on the high end. I have licensed consumer products for as low as 3% and as high as 7%, with 5% being the most common and a generally fair number.

A licensing agreement is a contract between two parties (the licensor and licensee) in which the licensor grants the licensee the right to use the brand name, trademark, patented technology, or ability to produce and sell goods owned by the licensor.

Examples of licenses include a company using the design of a popular character, e.g. Mickey Mouse, on their products. Another example would be a clothing manufacturer like Life is Good licensing its designs and brand in a certain country to a local company.

The 25% rule also refers to a technique for determining royalties, which stipulates that a party selling a product or service based on another party's intellectual property must pay that party a royalty of 25% of the gross profit made from the sale, before taxes.

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Puerto Rico Publisher Oriented Software Royalty and License Agreement